A permit to construct or a health permit may be issued pursuant
to this chapter to a corporation duly authorized to transact business
in this state, or to a person operating under a fictitious name who
has complied with all the provisions of Chapter 5 (commencing with
Section 17900) of Part 3 of Division 7 of the Business and Professions
Code. Otherwise, all such permits shall be issued in the true name
of the applicant. Except as above provided, no business, occupation
or activity for which a permit is required by this chapter may be
conducted under any false or fictitious name. A permit issued to a
corporation shall designate such corporation by the exact name which
appears in the articles of incorporation of such corporation.
(Ord. 6 § 6 (part), 1983)
Where the director finds that a health permit or any tag or sticker issued in connection therewith has been lost, the director shall issue a duplicate permit, tag or sticker to the owner thereof upon payment to the director of the replacement fee established pursuant to Section
8.16.190 of this chapter.
(Ord. 6 § 6 (part), 1983)
Health permits are not transferable from one person to another nor by the same person from one business location to another; provided, however, that a permit issued to a partnership which is subsequently reorganized by the addition or deletion of a partner may be transferred to the reorganized partnership if the partnership, as reorganized, applies for such transfer in the same manner as for a new permit and pays to the director the transfer fee established pursuant to Section
8.16.190 of this chapter.
(Ord. 6 § 6 (part), 1983)
A. Every
person having a health permit under the provisions of this chapter
and engaging, pursuant to such permit, in a business or occupation
or activity at a fixed place of business shall keep the permit posted
and exhibited in public view at such place of business at all times
while such permit is in effect.
B. The
person engaging, pursuant to such permit, in a business or occupation
or activity not at a fixed place of business shall carry the permit
with him at all times while engaging in the business or occupation
or activity for which it was issued.
(Ord. 6 § 6 (part), 1983)
A. The
director shall issue an appropriate tag or sticker for each vehicle
or vending machine under a health permit at the time the permit is
issued.
B. The
director shall issue new tags or stickers each time the permit is
renewed.
C. The
permittee shall keep a current tag or sticker affixed to each vehicle
or machine under permit in a conspicuous place at all times. Where
the applicant for such permit owns more than one vending machine,
the director shall issue but one permit form which shall set forth,
in addition to the information required, the number of machines under
permit for which the permit fee has been paid and tags or stickers
have been issued.
(Ord. 6 § 6 (part), 1983)
A. If the
director determines at any time that any of the provisions of this
chapter or any applicable statutes, quarantine orders, rules or regulations
relating to a health permit are not being complied with in the county,
he may suspend or revoke such permit. Prior to such suspension or
revocation, the director shall issue and serve upon the permittee
a notice stating that such suspension or revocation is under consideration,
setting forth in clear and concise language the acts and omissions
with which the permittee is charged, and specifying the provisions
violated. Such notice shall further notify the permittee that he has
a right to request in writing a hearing before the director in order
to show cause why the permit should not be suspended or revoked. Such
notice shall further notify the permittee that such request must be
served upon the director within 15 days after service of the notice
upon the permittee and that failure to serve such request within the
15 days is deemed a waiver of the right to such hearing.
B. If the
permittee serves such a request for a hearing within the 15 day period,
the director shall thereupon set the date for the hearing and serve
the permittee with at least five days' notice of the time and place
of the hearing. The director may, when he deems it necessary, continue
any hearing by setting a new time and serving notice upon the permittee
of the time and place of the continued hearing.
C. At the
close of the hearing, or at any time within 10 days thereafter, the
director shall order, in writing, such disposition of the matter as
he deems proper and shall serve a copy of such order upon the permittee.
D. If the
permittee fails to serve a timely request for a hearing, or otherwise
waives the right to a hearing, the director shall thereupon order,
in writing, such disposition of the matter as he deems proper and
shall serve a copy of such order upon the permittee.
(Ord. 6 § 6 (part), 1983)
If the director determines that a violation of a provision of this chapter or of any applicable statute, quarantine order, rule or regulation relating to a health permit presents such a serious threat to the public health or safety that the permit should be suspended immediately, he may summarily suspend such permit pending a disposition of the matter pursuant to Section
8.16.140 of this chapter; provided, however, that such summary suspension shall not in any event be for a period in excess of 20 days. The summary suspension shall be effected by service upon the permittee of notice thereof, together with the notice described in the subsection
A of Section
8.16.140.
(Ord. 6 § 6 (part), 1983)
No person shall conduct any business, occupation or activity
requiring a health permit after the permit has been suspended or revoked
by the director pursuant to the provisions of this chapter.
(Ord. 6 § 6 (part), 1983)
No person shall conduct any business, occupation or activity requiring a health permit if the permit has expired and has not been renewed pursuant to Section
8.16.080 of this chapter.
(Ord. 6 § 6 (part), 1983)
A. If the
applicant for a health permit under this chapter shows to the satisfaction
of the director that because a business or occupation or other activity
is of a seasonal nature, or because of statutory or ordinance regulations,
or because of termination or loss of lease, or because of acquisition
by the public of the premises on which the occupation or business
or other activity is situated, or because of other reasons beyond
the control of the permittee, such business, occupation or activity
can only be carried on for a limited period of time, not more than
three-quarters (3/4) of a year, the permit fee shall be the following
fractions of the annual fee otherwise prescribed:
One-quarter of a year or less
|
one-fourth
|
More than one-quarter but not more than one-half of a year
|
one-half
|
More than one-half but not more than three-quarters of a year
|
three-fourths
|
B. Notwithstanding
the foregoing, permit fees for public swimming pools which operate
more than three months of the year, permit fees for itinerant restaurants,
and permit fees of $20 or less shall not be prorated.
(Ord. 6 § 6 (part), 1983)